NORTH CAROLINA
REGISTER
VOLUME 23 ● ISSUE 17 ● Pages 1730 - 1860
March 2, 2009
I. EXECUTIVE ORDERS
Executive Order No. 6 1730 – 1732
II. IN ADDITION
Brownfields Property – Canac Kitchens U.S. Limited 1733
Notice of Public Meetings – Kerr Lake Regional Water System 1734 – 1735
Narrow Therapeutic Index of Drugs 1736
III. PROPOSED RULES
Environment and Natural Resources, Department of
Environmental Management Commission 1737 – 1740
Wildlife Resources Commission 1740 – 1741
IV. APPROVED RULES 1742 – 1840
Agriculture and Consumer Services, Department of
Agriculture, Board of
Environment and Natural Resources, Department of
Coastal Resources Commission
Environmental Management Commission
Marine Fisheries Commission
Health and Human Services, Department of
Medical Care Commission
Mental Health, Commission for
Mental Health, Division of
Insurance, Department of
Home Inspector Licensure Board
Justice, Department of
Private Protective Service Board
Sheriffs' Education and Training Standards Commission
Labor, Department of
Department
Occupational Licensing Boards and Commissions
Chiropractic Examiners, Board of
Dental Examiners, Board of
Funeral Service, Board of
Social Work Certification and Licensure Board
V. RULES REVIEW COMMISSION 1841 – 1849
VI. CONTESTED CASE DECISIONS
Index to ALJ Decisions 1850 – 1860
This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
Contact List for Rulemaking Questions or Concerns
For questions or concerns regarding the Administrative Procedure Act or any of its components, consult with the agencies below. The bolded headings are typical issues which the given agency can address, but are not inclusive.
Rule Notices, Filings, Register, Deadlines, Copies of Proposed Rules, etc.
Office of Administrative Hearings
Rules Division
1711 New Hope Church Road (919) 431-3000
Raleigh, North Carolina 27609 (919) 431-3104 FAX
contact: Molly Masich, Codifier of Rules (919) 431-3071
Dana Vojtko, Publications Coordinator (919) 431-3075
Julie Edwards, Editorial Assistant (919) 431-3073
Tammara Chalmers, Editorial Assistant (919) 431-3083
Angel Chen, Editorial Assistant (919) 431-3077
Rule Review and Legal Issues
Rules Review Commission
1711 New Hope Church Road (919) 431-3000
Raleigh, North Carolina 27609 (919) 431-3104 FAX
contact: Joe DeLuca Jr., Commission Counsel (919) 431-3081
Bobby Bryan, Commission Counsel (919) 431-3079
Fiscal Notes & Economic Analysis
Office of State Budget and Management
116 West Jones Street (919) 807-4700
Raleigh, North Carolina 27603-8005 (919) 733-0640 FAX
contact: William Crumbley, Economic Analyst (919) 807-4740
Governor’s Review
Eddie Speas
Legal Counsel to the Governor (919) 733-5811
116 West Jones Street
Raleigh, North Carolina 27603
Legislative Process Concerning Rule-making
Joint Legislative Administrative Procedure Oversight Committee
545 Legislative Office Building
300 North Salisbury Street (919) 733-2578
Raleigh, North Carolina 27611 (919) 715-5460 FAX
contact: Karen Cochrane-Brown, Staff Attorney
Jeff Hudson, Staff Attorney
County and Municipality Government Questions or Notification
NC Association of County Commissioners
215 North Dawson Street (919) 715-2893
Raleigh, North Carolina 27603
contact: Jim Blackburn
Rebecca Troutman
NC League of Municipalities (919) 715-4000
215 North Dawson Street
Raleigh, North Carolina 27603
contact: Erin L. Wynia
This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
NORTH CAROLINA REGISTER
Publication Schedule for January 2009 – December 2009
FILING DEADLINES / NOTICE OF TEXT / PERMANENT RULE / TEMPORARY RULESVolume & issue number / Issue date / Last day for filing / Earliest date for public hearing / End of required comment
period / Deadline to submit to RRC
for review at
next meeting / Earliest Eff.
Date of
Permanent Rule / Delayed Eff. Date of
Permanent Rule
31st legislative day of the session beginning: / 270th day from publication in the Register
23:13 / 01/02/09 / 12/08/08 / 01/17/09 / 03/03/09 / 03/20/09 / 05/01/09 / 05/2010 / 09/29/09
23:14 / 01/15/09 / 12/19/08 / 01/30/09 / 03/16/09 / 03/20/09 / 05/01/09 / 05/2010 / 10/12/09
23:15 / 02/02/09 / 01/09/09 / 02/17/09 / 04/03/09 / 04/20/09 / 06/01/09 / 05/2010 / 10/30/09
23:16 / 02/16/09 / 01/26/09 / 03/03/09 / 04/17/09 / 04/20/09 / 06/01/09 / 05/2010 / 11/13/09
23:17 / 03/02/09 / 02/09/09 / 03/17/09 / 05/01/09 / 05/20/09 / 07/01/09 / 05/2010 / 11/27/09
23:18 / 03/16/09 / 02/23/09 / 03/31/09 / 05/15/09 / 05/20/09 / 07/01/09 / 05/2010 / 12/11/09
23:19 / 04/01/09 / 03/11/09 / 04/16/09 / 06/01/09 / 06/22/09 / 08/01/09 / 05/2010 / 12/27/09
23:20 / 04/15/09 / 03/24/09 / 04/30/09 / 06/15/09 / 06/22/09 / 08/01/09 / 05/2010 / 01/10/10
23:21 / 05/01/09 / 04/09/09 / 05/16/09 / 06/30/09 / 07/20/09 / 09/01/09 / 05/2010 / 01/26/10
23:22 / 05/15/09 / 04/24/09 / 05/30/09 / 07/14/09 / 07/20/09 / 09/01/09 / 05/2010 / 02/09/10
23:23 / 06/01/09 / 05/08/09 / 06/16/09 / 07/31/09 / 08/20/09 / 10/01/09 / 05/2010 / 02/26/10
23:24 / 06/15/09 / 05/22/09 / 06/30/09 / 08/14/09 / 08/20/09 / 10/01/09 / 05/2010 / 03/12/10
24:01 / 07/01/09 / 06/10/09 / 07/16/09 / 08/31/09 / 09/21/09 / 11/01/09 / 05/2010 / 03/28/10
24:02 / 07/15/09 / 06/23/09 / 07/30/09 / 09/14/09 / 09/21/09 / 11/01/09 / 05/2010 / 04/11/10
24:03 / 08/03/09 / 07/13/09 / 08/18/09 / 10/02/09 / 10/20/09 / 12/01/09 / 05/2010 / 04/30/10
24:04 / 08/17/09 / 07/27/09 / 09/01/09 / 10/16/09 / 10/20/09 / 12/01/09 / 05/2010 / 05/14/10
24:05 / 09/01/09 / 08/11/09 / 09/16/09 / 11/02/09 / 11/20/09 / 01/01/10 / 05/2010 / 05/29/10
24:06 / 09/15/09 / 08/24/09 / 09/30/09 / 11/16/09 / 11/20/09 / 01/01/10 / 05/2010 / 06/12/10
24:07 / 10/01/09 / 09/10/09 / 10/16/09 / 11/30/09 / 12/21/09 / 02/01/10 / 05/2010 / 06/28/10
24:08 / 10/15/09 / 09/24/09 / 10/30/09 / 12/14/09 / 12/21/09 / 02/01/10 / 05/2010 / 07/12/10
24:09 / 11/02/09 / 10/12/09 / 11/17/09 / 01/02/10 / 01/20/10 / 03/01/10 / 05/2010 / 07/30/10
24:10 / 11/16/09 / 10/23/09 / 12/01/09 / 01/15/10 / 01/20/10 / 03/01/10 / 05/2010 / 08/13/10
24:11 / 12/01/09 / 11/05/09 / 12/16/09 / 02/01/10 / 02/22/10 / 04/01/10 / 05/2010 / 08/28/10
24:12 / 12/15/09 / 11/20/09 / 12/30/09 / 02/15/10 / 02/22/10 / 04/01/10 / 05/2010 / 09/11/10
This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
EXECUTIVE ORDERS
EXPLANATION OF THE PUBLICATION SCHEDULE
This Publication Schedule is prepared by the Office of Administrative Hearings as a public service and the computation of time periods are not to be deemed binding or controlling. Time is computed according to 26 NCAC 2C .0302 and the Rules of Civil Procedure, Rule 6.
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EXECUTIVE ORDERS
GENERAL
The North Carolina Register shall be published twice a month and contains the following information submitted for publication by a state agency:
(1) temporary rules;
(2) notices of rule-making proceedings;
(3) text of proposed rules;
(4) text of permanent rules approved by the Rules Review Commission;
(5) notices of receipt of a petition for municipal incorporation, as required by G.S. 120-165;
(6) Executive Orders of the Governor;
(7) final decision letters from the U.S. Attorney General concerning changes in laws affecting voting in a jurisdiction subject of Section 5 of the Voting Rights Act of 1965, as required by G.S. 120-30.9H;
(8) orders of the Tax Review Board issued under G.S. 105-241.2; and
(9) other information the Codifier of Rules determines to be helpful to the public.
COMPUTING TIME: In computing time in the schedule, the day of publication of the North Carolina Register is not included. The last day of the period so computed is included, unless it is a Saturday, Sunday, or State holiday, in which event the period runs until the preceding day which is not a Saturday, Sunday, or State holiday.
FILING DEADLINES
ISSUE DATE: The Register is published on the first and fifteen of each month if the first or fifteenth of the month is not a Saturday, Sunday, or State holiday for employees mandated by the State Personnel Commission. If the first or fifteenth of any month is a Saturday, Sunday, or a holiday for State employees, the North Carolina Register issue for that day will be published on the day of that month after the first or fifteenth that is not a Saturday, Sunday, or holiday for State employees.
LAST DAY FOR FILING: The last day for filing for any issue is 15 days before the issue date excluding Saturdays, Sundays, and holidays for State employees.
NOTICE OF TEXT
EARLIEST DATE FOR PUBLIC HEARING: The hearing date shall be at least 15 days after the date a notice of the hearing is published.
END OF REQUIRED COMMENT PERIOD
An agency shall accept comments on the text of a proposed rule for at least 60 days after the text is published or until the date of any public hearings held on the proposed rule, whichever is longer.
DEADLINE TO SUBMIT TO THE RULES REVIEW COMMISSION: The Commission shall review a rule submitted to it on or before the twentieth of a month by the last day of the next month.
FIRST LEGISLATIVE DAY OF THE NEXT REGULAR SESSION OF THE GENERAL ASSEMBLY: This date is the first legislative day of the next regular session of the General Assembly following approval of the rule by the Rules Review Commission. See G.S. 150B-21.3, Effective date of rules.
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EXECUTIVE ORDERS
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EXECUTIVE ORDERS
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IN ADDITION
SUMMARY OF NOTICE OF
INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Canac Kitchens U.S. Limited
Pursuant to N.C.G.S. § 130A-310.34, Canac Kitchens U.S. Limited has filed with the North Carolina Department of Environment and Natural Resources (“DENR”) a Notice of Intent to Redevelop a Brownfields Property (“Property”) in Statesville, Iredell County, North Carolina. The Property consists of 28 acres and is located at 607 Meacham Road. Environmental contamination exists at the Property in soil and groundwater. Canac Kitchens U.S. Limited has been operating a cabinetry manufacturing facility on the property and intends to sell the property for redevelopment consistent with manufacturing or office uses. The Notice of Intent to Redevelop a Brownfields Property includes: (1) a proposed Brownfields Agreement between DENR and Canac Kitchens U.S. Limited, which in turn includes (a) a map showing the location of the Property, (b) a description of the contaminants involved and their concentrations in the media of the Property, (c) the above-stated description of the intended future use of the Property, and (d) proposed investigation and remediation; and (2) a proposed Notice of Brownfields Property prepared in accordance with G.S. 130A-310.35.
The full Notice of Intent to Redevelop a Brownfields Property may be reviewed at the Statesville City Clerk’s Office, 301 S. Center Street, Statesville, NC 28687 by contacting City Clerk Mary Craddock at that address or at (704) 878-3583; or at the offices of the N.C. Brownfields Program, 401 Oberlin Rd., Suite 150, Raleigh, NC 27605 (where DENR will provide auxiliary aids and services for persons with disabilities who wish to review the documents) by contacting Shirley Liggins at that address, at or at (919) 508-8411.
Written public comments may be submitted to DENR within 30 days after the date this Notice is published in a newspaper of general circulation serving the area in which the Property is located, or in the North Carolina Register, whichever is later. Written requests for a public meeting may be submitted to DENR within 21 days after the period for written public comments begins. Thus, if Canac Kitchens U.S. Limited, as it plans, publishes this Summary in the North Carolina Register after it publishes the Summary in a newspaper of general circulation serving the area in which the Property is located, and if it effects publication of this Summary in the North Carolina Register on the date it expects to do so, the periods for submitting written requests for a public meeting regarding this project and for submitting written public comments will commence on March 3, 2009. All such comments and requests should be addressed as follows:
Mr. Bruce Nicholson
Brownfields Program Manager
Division of Waste Management
NC Department of Environment and Natural Resources
401 Oberlin Road, Suite 150
Raleigh, North Carolina 27605
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IN ADDITION
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IN ADDITION
Kerr Lake Regional Water System Proposed Interbasin Transfer
Kerr Lake Regional Water System (KLRWS) will hold a series of public meetings to receive comments on their request for an interbasin transfer (IBT) from the source river basin of the Roanoke River (John H. Kerr Lake) to the receiving river basins of the Tar River, Fishing Creek (subbasin to the Tar), and the Neuse River. The KLRWS currently provides water directly or indirectly to municipal and county systems in four counties and the three receiving river basins named above in northeastern North Carolina. These meetings are being held in accordance with North Carolina General Statute 143-215.22 in order to facilitate public comment and involvement in the interbasin transfer request process. This statute requires meetings in the source river basin (the Roanoke River Basin) upstream and downstream of the point of withdrawal and in each of the receiving river basins for the transfer (Tar, Fishing Creek, and Neuse River Basins).
Each public meeting will start at 4:00 pm, with a brief introductory presentation concerning the transfer request given at the start of each hour at 4:00, 5:00, and 6:00 pm. This presentation will be the same at each of the five (5) meetings. The remaining time will be available for interested parties to provide oral comments. North Carolina Division of Water Resources staff will be in attendance.
All oral statements made at the meeting will be audio recorded but will not be transcribed to prepare a written record of these proceedings. Oral comments will be given the same consideration as written comments. Persons who want to enter written comments in the record are encouraged to submit written comments no later than May 8, 2009. Based on the number of people who wish to speak, the length of oral presentations may be limited.